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Mother has a state Guardian, she has given two out of three children (adults) money before she had to be in the NH. One of the siblings who has lived with her has opened up charge cards in her name and has been using them. He also has filed a quick claim on her house. Now mom is in need of money to pay her NH fees. The Guardian knows of the charge card stuff. Long story short. We have paid back what money gift mom gave us, what the sibling did with the house is not right and he plans on selling it and moving to Florida to be with his life partner, I want to know how to put a lien on moms house to stop it from being sold and when mom passes i want to sell the house ( I am the executor the estate in her will) so to sell the house divide the money three ways and take out what was spent on her charge cards out of his share. I mean what is right is right and these two need to step up and help this is our mother not a person off the street. I cant believe we are all from the same family. How do i go about this lien thing?

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Is that so, Katiekate? I'm thinking of situations where someone gets a big money judgment, for wrongful death, for example? They can't go after the defendant's real property? I don't remember that from law school. Granted that was a long time ago (I graduated law school in 1982) and I never practiced in either real estate or debtor/creditor law.
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Carla.

Just ordinary people cannot place liens on real property.

If you are a business and are owed money...getting the judgement, then you can put a lien on. But, just ordinary folk..even with a court judgement...cannot
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You need a lawyer. I don't believe you can get a lien on a house unless (1) the owner gives you a lien, such as with a construction lien or a mortgage lien or (2) you win a money judgment in court against the owner, and it isn't satisfied by other funds. You need to challenge the quit claim deed if you believe your mother did not give it to your brother or gave it when she was not competent to do so.
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ENDOFROAP, it is time to hire an Elder Law Attorney as your case is rather complicated.

Check with the County to see if your brother ever filed the Quitclaim with the County, is he the current owner of said house, and has he been paying the property taxes. If the County has a copy of the said Quitclaim, check to see if your Mother had in fact signed it, with her own signature, and check the date on said document. The document would have needed to have been Notarized, and depending on the State laws, whether there were any witnesses signatures.

As for a lien, usually those are companies that have done work on the house and the bill is still outstanding.
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First, report the sibling for elder abuse. You will probably need an attorney to stop the sale of the house and revert title back to your mother.
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